United States v. David Holleman
2014 U.S. App. LEXIS 3717
| 8th Cir. | 2014Background
- Holleman pled guilty conditionally to possession with intent to distribute marijuana, preserving appeal of suppression rulings.
- A state trooper stopped Holleman for speeding (73 mph in 70 mph zone) and observed suspicious behavior during questioning.
- Holleman declined searches and a drug dog was used; the dog failed to alert during initial sniff, distracted by a dead animal.
- DEA and local officers then followed Holleman to a hotel parking lot where a second drug dog alerted twice to Holleman’s truck, leading to a search warrant.
- Approximately 250 pounds of marijuana were found in arc welders in the truck bed; Holleman made brief statements before consulting an attorney.
- District court denied suppression, applying the automobile exception and finding no custodial interrogation in the parking lot; Holleman appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the initial stop supported by probable cause? | Holleman | Holleman | Probable cause for stop supported by speeding violation. |
| Did the extension of the stop taint the later search via but-for causation? | Holleman | Holleman | No; extension not but-for cause of subsequent search. |
| Did Henri's two alerts establish probable cause for search? | Holleman | Holleman | Yes; alerts, with dog’s certification and partial in-field data, supported probable cause. |
| Does the automobile exception apply given hotel parking lot location? | Holleman | Holleman | Yes; hotel parking lot not residential; search fell within automobile exception. |
| Was Holleman in custody for Miranda purposes during questions about the welders? | Holleman | Holleman | Not in custody; Griffin factors favored voluntary questioning. |
Key Cases Cited
- United States v. Parish, 606 F.3d 480 (8th Cir. 2010) (standard of review for suppression orders)
- United States v. Coleman, 700 F.3d 329 (8th Cir. 2012) (speeding gives probable cause for stop)
- United States v. Jacobs, 986 F.2d 1231 (8th Cir. 1993) (drug dog alerts vs. mere interest lacking probable cause)
- Florida v. Harris, 133 S. Ct. 1050 (2013) (reliability framework for dog alerts; focus on training/certification)
- Florida v. Jardines, 133 S. Ct. 1409 (2013) (dog sniff on curtilage; curtilage intrusion concerns)
- United States v. Reed, 733 F.2d 492 (8th Cir. 1984) (reasonableness of privacy in business parking area)
- United States v. Roby, 122 F.3d 1120 (8th Cir. 1997) (drug sniff in hotel parking lot recognized as permissible)
- Carney, 471 U.S. 386 (1985) (automobile exception framework)
- Davis v. United States, 131 S. Ct. 2419 (2011) (reasonable reliance on precedent post-Jardines)
- Other hotel parking lot cases, 383 F.3d 638 (7th Cir. 2004) (hotel parking lot not residential; parking lot readily accessible)